El otorgamiento de providencias preventivas en el Código Orgánico General de Procesos.

Abstract

The present investigation has as title the Granting of Preventive Providences in the General Organic Code of Processes, whose objectives were to analyze, determine the effectiveness and effectiveness of the application of the norm, in order to propose a reform to article 127 of the General Organic Code of Processes, and for which, a process centered on the interpretative positivist paradigm was carried out, with a quantitative approach, the use of inductive methods, doctrinal legal deductive, synthetic analytical, exegetical, which allowed the study and measurement of variables, also the application of data collection instruments such as the survey and the interview applied to lawyers in independent practice of the city of Guayaquil, province of Guayas, Ecuador. About this process it was concluded that the guarantee of preventive measures is not applied effectively, motivated to the fact that the time established for the admission and approval is not prudent for the preservation and protection of the thing in claim or subject to the requirement of right, so that the importance of reforming Article 127 of the COGEP was determined, based on initiating the request for orders at the same time the claim is filed. This will guarantee the nature of the matter up to the time of the hearing and effectiveness of said ruling.